N Swamy v. Apsfc
Case brief
What is this about?
Debts Recovery Tribunal dismissed an application by a third-party property owner challenging an auction sale notice under SARFAESI. Ruling that title disputes must be decided by civil courts, the Tribunal found the applicant lacked standing as his claim arose after the mortgage.
What did the court decide?
Application dismissed. Interlocutory applications disposed of. No order as to costs.
What the court decided
IN THE DEBTS RECOVERY TRIBUNAL. I AT HYDERABAD
DATEDTHISTHE 3OTH DAYOFJUNE. 2026
PRESENT: GUMMADI GOPICHAND, PRESIDING oFFICER
SA.No.229,/2024
Sri N.Swamy, S/o N.Balaiah,
Aged 54 years, Occ:pvt.employee, R/o H.No.45-238, NMDC Colony, East Anandbagh,Malkajgiri, Hyderabad-500047.
..Applicant
Versus
- 1 .The Authorized Officer, Andhra Pradesh State Financial Corporation Chirag Ali lane, Hyderabad.
- Maruthi Diary Products,
- 1 -30- 1 13, Jayanagar colony, Bowenpally, Secunderabd-sOO 0 1 1.
- V. Laxmi Narayana Sastry, S/o Surya Narayana, Aged 6l years, Occ:business, R/o H.No.45-92l l, NMDC Colony, East Anandbagh, Malkaj giri, Medchal-Malkjagiri Hyderabad-500047.
Issues for consideration
2 issues framed by the court
whether the applicant has locus standi to challenge the auction sale notice regarding property mortgaged to secure a borrower's loan.
whether the DRT has jurisdiction to declare a mortgage or sale deed nugatory.
Parties & counsel
- applicant
N. Swamy
- respondent
The Authorized Officer, Andhra Pradesh State Financial Corporation
- respondent
Maruthi Diary Products
- respondent
V. Laxmi Narayana Sastry
Coram
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 · Krishna Gopal Dwivedi
- Order 2 — this page · G. Gopichand
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